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1. Greive v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 156 (30 September 2024) [pdf, 180 KB]

   ...surveillance ultrasound. He appeared to have been lost to follow up during COVID and I had arranged as part of our management of overdue follow-up to repeat ultrasound scan of his left axilla which he had this morning with no features of concern. I have requested a further ultrasound performed for three months’ time ... He has no concerns and there is no evidence of locoregional occurrence in his left chest wall or axillary or supraclavicular region. To the right of the midline...

2. TC & QC v FT & TT [2025] NZDT 71 (6 March 2025) [pdf, 237 KB]

   ...goods and there is no warranty regarding the quality of the goods or their fitness for purpose. The rule of Caveat Emptor means that a seller in private contractual negotiations is generally under no obligation to ensure that the buyer is fully informed about the transaction, so he or she need not disclose all material facts, so silence will not usually amount to a misrepresentation. 7. However, when a party makes pre-contractual representations about the goods to another party, they

3. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   ...person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 2011 and 23 January 2012 DATE OF DECISION: 7 September 2012 DECISION OF TRIBUNAL Introduction [1] The case for Mr Steele is that when on 19 November 2010 he made a request under information privacy principle 6 for access to personal information about him held by the Board of Trustees of Salisbury School, the Board failed to make a decision on that request within the time limit fixed by s 40(1) of the Pr...

4. SX v TO [2022] NZDT 43 (21 March 2022) [pdf, 207 KB]

   ...warranties or trading protection (for example, the Consumer Guarantees Act 1993 or the Fair Trading Act 1986). 4. The law relevant to this claim is the general law of contract and the Contract and Commercial Law 2017. A contract is a binding agreement formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. The general position is that the buyer must be...

5. CI v LU [2023] NZDT 786 (19 December 2023) [pdf, 176 KB]

   ...into it by a misrepresentation, whether innocent or fraudulent, made to that party by or on behalf of another party to the contract. In law, a misrepresentation is a false statement of past or present fact. 7. The contract between the parties was formed when the auction closed with the buyer as the highest bidder. The buyer suggested that the point of sale was 23 May on the basis that the auction contract lapsed due to being conditional on the warrant being passed. However, the conditi...

6. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

   ...otherwise be entitled to succeed on the death of that person’s parents or either of them. (3) Every order under subsection (2) of this section shall have effect notwithstanding anything in section 19 of the Adoptions Act 1955. Additional information: During the course of notifying parties of the application, James Paikea (9 February 2021 sent an email of his views of the applicants claim. On 3 February 2021, Angeline Peakman filed an affidavit (email form) disputing the applic...

7. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...for challenging a determination is understood. The answer may be for a very basic pro forma challenge to be lodged within the 28-day period so as to preserve the litigant’s rights and at the same time counsel could file and serve a memorandum requesting the Court to give directions that no statement of defence need be filed until the outcome of the legal aid application is known one way or the other. In that way, should the legal aid application be declined, the potential plaintif...

8. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

   ...Taking instructions, attending the client • Preparing application for legal aid • Attempting to contact the client • Closing the file • Reporting to client • Reporting to and invoicing Ministry of Justice Note: This fee can only be claimed where initial instructions are not carried through and the file is closed prior to the completion of stage one of any proceedings. It cannot be claimed in conjunction with any other schedule. Application(s)/Order(s) Activity...

9. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

   ...attendances to 31 August 2010 through Mr QA. At that stage Mr CS advised that he did not want to deal through Mr QA and that ABC firm should communicate directly with him. On 2 September 2010 Mrs LM sent the firm’s Terms of Engagement and client information to Mr CS. [10] Between August 2010 and May 2011 ABC firm rendered a further five accounts all of which were paid. At that stage costs totalled $28,709.60. [11] Mr CS then sent an email to Mrs LM4 in which he referred to his...

10. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 KB]

    ...Hearing: 27 April 2022 Held at: Auckland/Tāmaki Makaurau By AVL Appearances: The appellant was self-represented L Hawes-Gandar and F Becroft for the respondent Judgment: 6 May 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 25-26 , Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 11 January 2021. The Reviewer dismissed an application for review of: (a) the Corporation’s...